5.6 Expert Review and Preparation

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

5.6 EXPERT REVIEW AND PREPARATION

5.601 In General. An expert may have stellar credentials and be very skilled at testifying, but if the witness is unprepared, he or she will not be effective and will likely embarrass the attorney who has retained the expert. Given the substantial expense involved in presenting expert testimony,

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the practitioner should spend considerable time and effort to ensure that the witnesses have all the relevant information and guidance they need to formulate and express credible opinions.

5.602 Initial Contact and Selection. In most cases, the initial contact with an expert is by email or telephone. The attorney or nurse paralegal first introduces himself or herself and the firm and then tells the expert about the general purpose of the call in order to find out whether the expert would be willing to review a medical malpractice case. Counsel will want to learn early whether there are any conflicts that would prevent the individual from rendering an opinion on behalf of the client. The attorney should not impart a lengthy description of the facts but should tell the expert the names and identities of the potential parties, the general subject matter of the treatment in question, and the party on whose behalf the expert would be requested to render an opinion. Counsel should know the facts of the case and have a chronology available to answer any initial questions the expert may have about the case. Attorney preparedness is essential in gaining...